Deadline to Answer a Debt Lawsuit and Avoid Default Judgment
You have 14-35 days to respond to a debt lawsuit depending on your state. Missing this deadline results in automatic default judgment, giving collectors power to garnish wages and freeze bank accounts. Filing your Answer on time protects your rights and gives you leverage to negotiate.
Answer Your LawsuitGetting served with a debt collection lawsuit triggers immediate stress. You need answers fast.
Your most pressing question: How long do you have to respond?
Respond to Your Debt Lawsuit in 15 Minutes
Don't let your deadline pass. Our partner Solo walks you through every question needed to create your legal Answer. File before the collector gets default judgment.
Start Your AnswerThe deadline to file your Answer varies dramatically by state. You might have just 14 days or as many as 35 days.
Missing your deadline means the collector wins automatically. They can garnish your wages, freeze your bank accounts, and seize your property.
You can prevent all of that by responding on time.
Response Deadlines Vary By State
Most courts give defendants 20-30 days to respond to a Summons. But your state might be different.
Check your Summons document carefully. The deadline should be printed clearly on the paperwork.
Below you’ll find the specific deadline for every state.
Deadline to Respond to Debt Lawsuit in All 50 States
| State | Deadline |
|---|---|
| Alabama | 14 days (small claims), 30 days (circuit court) |
| Alaska | 20 days |
| Arizona | 20 days (in-state), 30 days (out-of-state) |
| Arkansas | 30 days |
| California | 30 days |
| Colorado | 21 days |
| Connecticut | 30 days |
| Delaware | 20 days |
| District of Columbia | 21 days |
| Florida | 20 days |
| Georgia | 30 days |
| Hawaii | 20 days |
| Idaho | 21 days |
| Illinois | 30 days |
| Indiana | 20 days |
| Iowa | 20 days |
| Kansas | 21 days |
| Kentucky | 20 days |
| Louisiana | 15 days |
| Maine | 20 days |
| Maryland | 30 days |
| Massachusetts | 20 days |
| Michigan | 21 days |
| Minnesota | 20 days |
| Mississippi | 30 days |
| Missouri | 30 days |
| Montana | 21 days |
| Nebraska | 30 days |
| Nevada | 20 days |
| New Hampshire | 30 days |
| New Jersey | 35 days |
| New Mexico | 30 days |
| New York | 20 days |
| North Carolina | 30 days |
| North Dakota | 20 days (small claims), 21 days (civil) |
| Ohio | 28 days |
| Oklahoma | 20 days |
| Oregon | 30 days |
| Pennsylvania | 20 days |
| Rhode Island | 20 days |
| South Carolina | 30 days |
| South Dakota | 30 days |
| Tennessee | 21 days |
| Texas | 14 days (Justice Court), 20 days (District Court) |
| Utah | 21 days |
| Vermont | 21 days (civil), 30 days (small claims) |
| Virginia | 21 days |
| Washington | 20 days |
| West Virginia | 20 days (self-represented), 30 days (with attorney) |
| Wisconsin | 20 days |
| Wyoming | 20 days (in-state), 30 days (out-of-state) |
The darker states on the map below require faster responses.
Why Default Judgments Destroy Your Finances
A default judgment gives debt collectors unlimited power over your money.
They can garnish up to 25% of your wages. They can freeze your bank accounts without warning.
They can place liens on your property. You lose all negotiating leverage.
Worse, default judgments appear on credit reports for seven years. Your credit score plummets.
You can’t challenge the debt amount once the judgment enters. You’re stuck paying whatever they claim.
Fighting back starts with filing your Answer on time.
How to Respond to a Debt Collection Lawsuit
You need to file a formal written Answer with the court. The Answer addresses each claim in the Complaint.
You must deny claims you disagree with. You must assert your legal defenses.
Your Answer goes to both the court and the debt collector’s attorney.
You can respond yourself or get help. Our partner Solo guides you through every step of drafting your Answer.
The process takes about 15 minutes. You answer simple questions about your case.
The system generates your legal Answer automatically. You can file it yourself or have it filed for you.
Key Steps to Avoid Default
- Read your Summons immediately when served
- Mark your response deadline on multiple calendars
- Gather all documents related to the alleged debt
- Draft your Answer addressing each Complaint allegation
- File your Answer with the Clerk of Court before deadline
- Send a copy to the debt collector’s attorney
- Keep proof of filing and mailing
What Happens After You File Your Answer
Filing your Answer stops the default judgment clock. The collector must now prove their case.
You gain time to negotiate a settlement. Many collectors settle for less than the full amount.
You can challenge whether they actually own your debt. You can dispute the amount they claim.
You can raise statute of limitations defenses. You might discover they lack proper documentation.
The court schedules a hearing or trial. You present your defenses before a judge.
Responding puts you back in control of the outcome.
Common Defenses in Debt Collection Cases
Your Answer should include every applicable defense. Here are the most powerful ones:
Statute of Limitations
Every state limits how long collectors can sue you. The timeframe ranges from 3-10 years.
If the debt is too old, the case gets dismissed.
Lack of Standing
Collectors must prove they own your debt. Many bought it from the original creditor.
They often lack the paperwork to prove ownership.
Insufficient Documentation
Collectors must prove you owe the specific amount claimed. They need account statements and payment history.
Without proper documentation, they can’t win.
Identity Theft or Fraud
If someone else created the debt, you’re not responsible. You can dispute the entire claim.
Payment or Settlement
If you already paid or settled the debt, you have a complete defense.
Proof of payment ends the lawsuit immediately.
What to Include in Your Answer
Your Answer must follow a specific format. Courts reject improperly formatted responses.
Include these essential elements:
- Caption with court name, case number, and parties
- Numbered paragraphs responding to each Complaint allegation
- Affirmative defenses you’re raising
- Your signature and contact information
- Certificate of service showing you sent copy to collector
Each paragraph of the Complaint requires a response. Admit, deny, or state you lack sufficient information.
Never admit to anything you’re not certain about. Denials force collectors to prove their claims.
Our partner Solo ensures your Answer includes everything courts require.
Filing and Serving Your Answer
You must file your Answer with the court Clerk. Some courts allow electronic filing.
Others require in-person or mail filing. Check your local court rules.
Pay the filing fee or request a fee waiver. Most courts charge $50-$200 to file.
If you can’t afford the fee, complete a poverty affidavit. Courts waive fees for low-income defendants.
You must also serve your Answer on the collector’s attorney. Send it certified mail with return receipt.
Keep copies of everything. File them with your deadline documentation.
What If You Miss Your Deadline
Missing your deadline isn’t always fatal. You might still have options.
Some courts let you file a motion to set aside the default. You must show good cause for missing the deadline.
Valid reasons include serious illness, family emergency, or lack of proper service.
You must act immediately once you discover the default. Courts rarely help defendants who wait months.
File your motion and proposed Answer together. Explain why you missed the deadline.
Include any evidence supporting your excuse. Medical records or proof of improper service help.
Courts prefer deciding cases on the merits. Judges often grant relief if you act quickly.